[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR115.211]

[Page 698-699]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 115_CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING 
ENFORCEMENT AGENCIES--Table of Contents
 
      Subpart B_Certification of Substantially Equivalent Agencies
 
Sec. 115.211  Suspension of certification.

    (a) Suspension based on changes in the law. (1) The Assistant 
Secretary may suspend the agency's certification if the Assistant 
Secretary has reason to believe that the State or locality may have 
limited the effectiveness of the agency's implementation of the fair 
housing law or ordinance by:
    (i) Amending the fair housing law or ordinance;
    (ii) Adopting rules or procedures concerning the fair housing law or 
ordinance; or
    (iii) Issuing judicial or other authoritative interpretations of the 
fair housing law or ordinance.
    (2) If the Assistant Secretary suspends certification under 
paragraph (a)(1) of this section, such suspension will remain in effect 
until the Assistant Secretary conducts a review of the changes in 
language and/or interpretation and determines whether the law or 
ordinance remains substantially equivalent on its face and in its 
operation to the Act. Such suspension shall not exceed 180 days.
    (3) If the Assistant Secretary determines that the law or ordinance 
remains substantially equivalent on its face and in operation to the 
Act, the Assistant Secretary will rescind the suspension and reinstate 
the agency's interim certification and/or recommend the agency for 
certification.

[[Page 699]]

HUD will provide full or partial reimbursement for cases processed 
during the period of the suspension.
    (4) If the Assistant Secretary determines that the actions taken by 
the State or locality do limit the agency's effectiveness, certification 
will be withdrawn pursuant to Sec. 115.212.
    (b) Suspension based on agency performance. (1) The Assistant 
Secretary may suspend the certification of an agency charged with the 
administration of a fair housing law or ordinance, if the Assistant 
Secretary has reason to believe that the agency's performance does not 
comply with the criteria set forth by this part. Such suspension shall 
not exceed 180 days.
    (2) If the agency is suspended pursuant to paragraph (b) of this 
section, the FHEO Field Office may elect not to provide payment for 
complaints processed within that period of time unless and until the 
Assistant Secretary determines that the agency is fully in compliance 
with Sec. 115.203. The FHEO Field Office will provide technical 
assistance to the agency during this period of time.
    (3) During the period of a suspension the Assistant Secretary shall 
not refer complaints to the agency.
    (4) Suspension under this paragraph also renders the agency 
ineligible to receive Fair Housing Assistance Program Funds under 
subpart C of this part, pending correction of the deficiencies by the 
agency.
    (5) Before the end of the suspension, a final performance assessment 
will be provided to the Assistant Secretary upon which a determination 
will be made as to the adequacy of the agency's performance.
    (c) HUD will provide an agency with notice of the specific reasons 
for the suspension of its certification and an opportunity to respond, 
in accordance with the procedures set forth in HUD issued guidance.